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(영문) 의정부지방법원고양지원 2015.10.15 2015가합1222
대여금
Text

1. The defendant shall pay 280,000,000 won to the plaintiff and 24% per annum from October 1, 2008 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On May 24, 2004, the Plaintiff, C, and D (C’s husband) purchased from the Defendant for KRW 2,649 square meters of E 9,124 square meters in Pakistan (hereinafter “instant land”) from the Defendant for KRW 900 million.

(In practice, the Plaintiff and D purchased each 1/2 of them (hereinafter “instant sales contract”). The Plaintiff, C, D, and the Defendant agreed that “In the event of an issue of authorization or permission, the contract shall be rescinded, and the principal and 2% interest shall be immediately compensated.”

B. According to the instant sales contract, the Plaintiff, C, and D paid KRW 430 million to the Defendant (Plaintiff 215 million) pursuant to the instant sales contract, but the instant sales contract was rescinded as an issue of authorization or permission.

On January 15, 2007, the defendant prepared a certificate of borrowed money with the purport that "680 million won is borrowed, 340 million won is repaid until March 10, 2007, and 340 million won is repaid until June 30, 2007," with the plaintiff and D on January 15, 2007.

C. On April 11, 2007, the Plaintiff filed an application for provisional attachment of the Defendant’s real estate on April 11, 2007 (Seoul District Court 2007Kahap575), and received a provisional attachment order on April 12, 2007.

The Defendant issued to the Plaintiff that “When the above provisional seizure is cancelled, KRW 340 million shall be paid to the Plaintiff, KRW 360 million shall be paid with interest of KRW 20 million plus KRW 20 million. KRW 200 million shall be paid in cash, and KRW 160 million shall be paid in cash, and the right to collateral security shall be created by preparing a certificate of borrowing KRW 160 million.”

Accordingly, on December 11, 2007, the plaintiff applied for the cancellation of provisional seizure.

According to the above promise, the Defendant prepared and ordered a loan certificate of KRW 160 million on December 11, 2007 to the Plaintiff, and paid KRW 100 million on December 17, 2007, but did not pay KRW 260 million (= KRW 360 million - KRW 100 million).

On June 14, 2008, the Defendant shall pay to the Plaintiff only KRW 280 million, including the above KRW 260 million and the damages for delay thereof KRW 20 million, to the Plaintiff, not later than September 30, 2008.

The interest rate in arrears from September 30, 2008 shall be two copies per month.

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